What to do if a loved one is detained by the police

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Try to stay calm and follow the advice of the lawyers.

The loved one disappeared. I suspect that the police detained him. How to be?

According to the leading lawyer of the European Legal Service Pavel Kokorev, close relatives can call the duty unit and try to find out by phone where the person is now. Her contacts must be found on the website of the main department of the Ministry of Internal Affairs of your region.

This method has vulnerabilities. Firstly, information does not flow to the duty unit immediately. In some cases, this process can stretch indefinitely, for example, if detentions occur during mass events. Secondly, the data will get to the duty station only if the police acted according to the law and issued everything according to the rules.

So, alas, sometimes you have to be creative. For example, if we are talking about mass arrests, you can find out from the news which departments they deliver people to. Then you can ask questions more targeted. Another way is to call people with whom your loved one was, perhaps they have information. In addition, you can report a missing person to the police - after all, you only suspect that he could have been detained, but you are not sure about it.

Shouldn't the relatives be informed of the arrest?

It depends on what case the person is detained on. If for a criminal, then he has the right to one phone call within three hours after arrest. He can call relatives or a lawyer. If a person does not want to report himself, then this is done by the interrogator or investigator. However, in the interests of the preliminary investigation, the fact of detention may be hidden.

In the case of an administrative case, at the request of the detainee, his relatives or defense lawyer must notify the incident as soon as possible, but which one, the law does not say.

Regardless of what kind of case we are talking about - a criminal or an administrative one - parents or legal representatives must be informed about the detention of a minor without fail.

And what if he is detained in my presence?

Remind the person being detained that according to Article 51 of the Russian Constitution, he is not obliged to testify against himself. And also that it is better not to say anything without a lawyer.

One should not interfere in the process of detention, let alone try to "beat off" the detainee. You can film what is happening on video, if possible, standing a little far from what is happening, so as not to provoke law enforcement officers to detain you as well.

Pavel Kokorev

If the police use force unreasonably, complain to the hotline of the regional Ministry of Internal Affairs or to the prosecutor's office. In this case, the video recording will come in handy. In addition, the very fact of filming can have a disciplinary effect on police officers.

Sometimes it makes sense to follow the police to the department and see where the detainee is being taken.

Now I know for sure that he was detained. Is it for a long time?

In a criminal case, a suspect should not be detained for more than 48 hours. After this time, either the court sends him under arrest, or he is released.

In administrative cases, the term of detention is 3 hours. It increases up to 48 hours if it comes to a serious offense such as illegal border crossing, or if it is necessary to establish the identity of the detainee, or if the punishment includes administrative arrest.

The period of detention is counted from the moment of delivery to the department. A record of this must be entered in the register of detainees.

If a person was not released on time, he has the right to demand compensation for this through the court. To confirm the fact of an unreasonable delay, he will need to collect evidence by all available means, for example, to obtain testimony from witnesses and take their contacts.

What can I do for him at this time?

You will not be allowed to meet with a loved one, but a defender will be allowed to see him. And your task is to ensure his presence.

If the arrest was made as part of a pre-investigation check in criminal proceedings, then you must seek legal assistance from a lawyer. If within the framework of administrative proceedings, then a lawyer without the status of a lawyer is also suitable.

Pavel Kokorev

Either way, you need a protector you can trust. Therefore, the most logical way to search is through acquaintances. You can also contact a specialized human rights organization.

Can you give him something?

According to Pavel Kokorev, the parcel can be handed over with the permission of an authorized officer of the body who made the decision to detain. As a rule, each institution has a list of items allowed for transfer. Anything that is not permitted is prohibited.

Much will depend on the staff. Sometimes they can pick on and not miss literally anything, or turn your products to dust in search of forbidden things. But they can also show loyalty. It's hard to guess here.

It will definitely not allow the transfer of alcohol and items that could be used as weapons. Also, they will not accept perishable food and food in glass packaging.

Pass products that do not need heavy processing: instant noodles and purees, tea and coffee, biscuits, food with a long shelf life. Moreover, you will need to demonstrate that there is nothing prohibited in the transfer. So be prepared to remove the packaging, but make sure the food remains usable. For example, if all the candies have to be unwrapped, they then need to be repackaged somewhere.

Warm clothes and hygiene products are also useful.

What about work or study? Need to tell why the detainee is not there?

Yes, this will help to avoid his illegal dismissal for absenteeism or expulsion. However, if a person is detained in the framework of administrative proceedings, he himself can demand from the department to be reported to work or study.

You can skip work for a good reason. Whether the detention is considered a valid reason is another matter. There is no exact list of them. However, practice shows that it is rather yes. The detainee cannot choose whether to come to work or not, events unfold against his will - which means that the reason for the absence is valid.

Although it is obvious that in different cases events can develop in an unpredictable way. So if the employer still tries to fire the person, he can continue the proceedings in court.

I want to contact the media and write about the incident on social networks. Is it worth it?

Much depends on whether the detainee is guilty of the crime and how strict the police are to comply with the law. For example, if a person has done what he is suspected of, and law enforcement officers behave within the law, then the benefits of publicity are dubious. But if the police are overstepping their authority, then public attention to the issue can help out.

For example, journalist Ivan Golunov was detained in 2019 on suspicion of drug trafficking. This was followed by a wave of mass actions in his support. As a result, Golunov was released, and the police officers involved are accused of falsifying a criminal case.

Quite often, public resonance matters in matters related to self-defense. So do not underestimate other people's indifference.